Former EGPD officer convicted of assault in misconduct case | News

A Sacramento High Court jury on March 14 found a former Elk Grove police officer guilty of assault in the 2019 police misconduct case that led to his dismissal.

On June 5, 2019, an agent’s camera recorded him pulling out his gun and kicking the head of an alleged thief while lying on the floor outside the store he reportedly stole. Prosecutors said the unarmed suspect became unconscious and suffered a brain injury.

Bryan Wayne Schmidt, 46, is now facing up to four years in state prison for assaulting an officer and causing serious bodily injury.

“Their actions that day do not represent the women and men who selflessly serve this city on a daily basis with professionalism,” Elk Grove police spokesman Jason Jimenez told Citizen.

In March 2020, Elk Grove police released a 15-minute YouTube video detailing their investigation into Schmidt’s misconduct.

This was the first time Elk Grove police had posted an online video of their investigation into a critical incident involving an officer.

Elk Grove police chief Tim Albright appeared in the video and condemned Schmidt’s actions.

“It has been determined that the use of force by an agent is against the policy of the department and is not in line with any training provided by our department,” the police chief said in the video.

According to reports, senior police management was unaware that an officer used force in the incident until October 2019, when the suspect’s lawyer filed a claim for damages. Schmidt’s supervising sergeant resigned in 2020 after senior management learned he had not reported that an officer used force in that case.

“We didn’t find out about (that) incident through the supervisor, which would be the normal course of reporting,” Albright told Citizen in March 2020.

The police chief expressed his disappointment at watching the police video of the incident.

“I was incredibly disappointed; I was impressed, “he said in 2020.” I was looking for the ‘why’ and that led us to move towards an immediate response internally. “

During the night of June 5, 2019, officers were sent to the Burlington Coat Factory store on East Stockton Boulevard after a burglary was reported there. The online police video of the Schmidt case mainly features footage recorded by officers’ body cameras and patrol car instrument panel cameras.

Juan Mendoza and two accomplices assaulted store security guards after they stole merchandise.

In the police video, two officers pulled out their firearms and ordered a suspect to lie on the floor outside the store. Mendoza was walking towards the officers while they ordered him to fall to the ground as well. He lay down, but did not move, stretched out his arms like a “plane,” as ordered by the officers.

Schmidt then stopped in his patrol car and approached Mendoza from behind as he lay down.

“Get your hands off him, man,” Schmidt told him. “Hey, this isn’t going to be a good day for you.”

He then repeated his order to Mendoza before immediately kicking him in the head. Then another officer approached and handcuffed the suspect. Mendoza was arrested for assault and robbery.

The police video also shows Schmidt telling another officer about what he did to Mendoza.

“He was kind of like smiling, making that smile, so I said,‘ Wham! ’” He said in the video. “I (improperly removed) kicked him in the head and told him to get his hands out and then start throwing his hands to his sides. (He) finally got his hands out.”

Police reported in their video of the Schmidt case that Mendoza had a bloody face and was vomiting after his arrest.

Sacramento County prosecutors later reported that Mendoza needed brain surgery after he developed subdural hematomas or cerebral hemorrhage.

Schmidt was fired from Elk Grove police on March 4, 2020.

The Sacramento County Prosecutor’s Office announced Schmidt’s conviction two years after his termination.

“Law enforcement is doing an excellent job every day to keep our community safe,” Sacramento County District Attorney Anne Marie Schubert said in a press release. “Unfortunately, this was a rare case in which an officer violated the public’s trust and unnecessarily used excessive force causing serious injury to an individual.”

Removal order filed against Schmidt for allegedly threatening to harm police chief

Earlier this month, a temporary restraining order was filed against Schmidt for allegedly threatening to harm Albright and three police officers who were involved in the internal investigation of his case.

In the March 3 request for the Elk Grove City order, attorney Suzanne Kennedy stated that Schmidt exhibited erratic and dangerous behavior in the days before and during his trial.

Last month, Schmidt allegedly told an Elk Grove police officer at a restaurant of his desire to physically harm Albright by “ruining” his life. He also expressed his anger with the police chief in an email on Feb. 24 that he sent to Elk Grove City Hall, according to the Elk Grove City court’s request for a restraining order.

“Albright destroyed my life … I lived in my car for a month … I can’t see my girlfriends regularly … Why? All because Tim Albright wanted to hang a cop … Albright saw this as a move politician to have me fired, arrested, and finally homeless, “Schmidt wrote in the email, quoted in the city’s petition.

Kennedy noted that five witnesses told a police detective that they also said they heard Schmidt threatening to harm Albright and three members of the police staff.

Schmidt is currently in custody and is not fit for bail in the Sacramento County Main Prison, according to prison records. His prison sentence is scheduled for April 8 in Sacramento High Court.

Former EGPD officer convicted of assault in misconduct case | News Source link Former EGPD officer convicted of assault in misconduct case | News

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